Michigan Compiled Laws

Mich. Comp. Laws § 24.287 (2026)

Rehearings.

✓ current as of July 2026
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ADMINISTRATIVE PROCEDURES ACT OF 1969


Act 306 of 1969


24.287 Rehearings.

Sec. 87.

    (1) An agency may order a rehearing in a contested case on its own motion or on request of a party.

    (2) Where for justifiable reasons the record of testimony made at the hearing is found by the agency to be inadequate for purposes of judicial review, the agency on its own motion or on request of a party shall order a rehearing.

    (3) A request for a rehearing shall be filed within the time fixed by this act for instituting proceedings for judicial review. A rehearing shall be noticed and conducted in the same manner as an original hearing. The evidence received at the rehearing shall be included in the record for agency reconsideration and for judicial review. A decision or order may be amended or vacated after the rehearing.

History: 1969, Act 306, Eff. July 1, 1970 ;-- Am. 1970, Act 40, Imd. Eff. July 1, 1970

PopularName Notes:

Act 306

PopularName Notes:

APA
Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 1952–2021 · leading case: Penn v. Dep't of Corr., 298 N.W.2d 756 (Mich. Ct. App. 1980).
Penn v. Dep't of Corr., 298 N.W.2d 756 (Mich. Ct. App. 1980). · cites it 2× “560(171) through MCL 24.287; MSA 3.560(187), regulates procedures for hearings in contested cases.”
Ford Motor Co. v. Bruce Twp., 689 N.W.2d 764 (Mich. Ct. App. 2004). · cites it 2× “271 to MCL 24.287 shall govern 1999 A.C., R. 205.”
Ashley Ann Arbor, LLC v. Pittsfield Charter Twp., 829 N.W.2d 299 (Mich. Ct. App. 2012). “271 to MCL 24.287, a section of the Administrative Procedures Act, to guide its conduct.”
Ionia Pub. Schs. v. Ionia Educ. Ass'n, 875 N.W.2d 756 (Mich. Ct. App. 2015). “271 through MCL 24.287. Id. at 254-255. See also MCL 423.”
Dean v. Great Lakes Casting Co., 261 N.W.2d 34 (Mich. Ct. App. 1977). “2 The no rehearing rule was abrogated by the Administrative Procedures Act of 1969, MCLA 24.287; MSA 3.560(187), for agencies other than the Workmen’s Compensation Bureau, MCLA 24.”
Lewis v. Bridgman Pub. Schs., 737 N.W.2d 824 (Mich. Ct. App. 2007). · cites it 4× “281(3), which provides, in part: "On appeal from or review of a proposal of decision the agency, except as it may limit the issue upon notice or by rule, shall have all the powers which it would have if it had presided at the hearing.”
Campbell v. Marquette Prison Warden, 326 N.W.2d 516 (Mich. Ct. App. 1982). “” Finally, MCL 24.287; MSA 3.560(187) provides: "(1) An agency may order a rehearing in a contested case on its own motion or on request of a party.”
Battiste v. Dep't of Soc. Servs., 398 N.W.2d 447 (Mich. Ct. App. 1986). “560(179), and MCL 24.287(3); MSA 3.560(187)(3), read in conjunction, require that the same hearing officer preside where a rehearing is ordered.”
Latoya Chavies v. Dep't of Health & Human Servs. (Mich. Ct. App. 2021). · cites it 9× “” Additionally, the circuit court found that petitioner “was represented by counsel at that particular time. I think she has to ride with the counsel, that counsel agreed to have this additional testimony put in.”
Knox v. Great West Life Assur. Co., 109 F. Supp. 207 (E.D. Mich. 1952). · cites it 2× “Since the tax lien of the United States, as set forth in the Stipulation of Facts, is not subject to any limitation or exemption provision contained in the Michigan statute, Section 24.287, the United States is entitled to have its tax lien foreclosed against the cash surrender…”
United States v. Ott, 166 F. Supp. 13 (E.D. Mich. 1958). “§ 24.287 specifically mentions “contract of annuity” proceeds and avails as being exempt from the claims of creditors if the policy or contract meets the other conditions in that statute.”
Reusser v. Liquor Control Comm'n, 503 N.W.2d 709 (Mich. Ct. App. 1993). · cites it 2× “The commission did not indicate that it was without authority to grant a rehearing. In granting petitioner an appeal, it simply denied his request for a rehearing.”
— Mich. Comp. Laws § 24.287(1) — 2 cases
Reusser v. Liquor Control Comm'n, 503 N.W.2d 709 (Mich. Ct. App. 1993). “The commission did not indicate that it was without authority to grant a rehearing. In granting petitioner an appeal, it simply denied his request for a rehearing.”
Dep't of Soc. Servs. v. Arden, 265 N.W.2d 91 (Mich. Ct. App. 1978).
— Mich. Comp. Laws § 24.287(3) — 2 cases
Battiste v. Dep't of Soc. Servs., 398 N.W.2d 447 (Mich. Ct. App. 1986). “560(179), and MCL 24.287(3); MSA 3.560(187)(3), read in conjunction, require that the same hearing officer preside where a rehearing is ordered.”
Bay City Educ. Ass'n v. Bay City Pub. Schs., 397 N.W.2d 219 (Mich. Ct. App. 1986).
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